Following is an excerpt from the the Knickerbocker case where the Court found that "In sum, the court finds, by clear and convincing evidence, that Corinthian’s and
Corinthian’s counsel’s lackluster search for documents, failure to implement a litigation
hold, deletion of evidence, refusal to cooperate with Plaintiffs in the discovery process
(particularly as evidenced by its withholding of information regarding both the backup
tapes and its interpretation of the parties’ Stipulated Order), reliance on a recklessly false
declaration, shifting litigation positions, and inaccurate representations to the court
constitute bad faith or conduct tantamount to bad faith." How do they get away with this?